Professional Documents
Culture Documents
succession in Bangladesh.
WHEREAS it is expedient to consolidate the law applicable to intestate and
testamentary succession in Bangladesh; it is hereby enacted as follows:-
PART I
Preliminary
Short title
Definitions
* * *]
Power of
Government to
exempt any race,
sect or tribe from
operation of Act
PART II
Of Domicile
Application of Part
4. This Part shall not apply if the deceased was a Hindu, Muslim,
Buddhist, Sikh or Jaina.
Law regulating
succession to
deceased person's
immoveable and
moveable
property
respectively
is
to
in
is
6. A person can have only one domicile for the purpose of the
succession to his moveable property.
Domicile of origin
of person of
legitimate birth
Domicile of origin
of illegitimate
child
Continuance of
domicile of origin
Acquisition of new
domicile
in
a
at
in
Special mode of
acquiring domicile
in Bangladesh
Domicile not
acquired by
residence as
representative of
foreign
Government, or as
part of his family
Continuance of
new domicile
13. A new domicile continues until the former domicile has been
resumed or another has been acquired.
Minor's Domicile
Domicile acquired
by woman on
marriage
Wife's domicile
during marriage
Minor's acquisition
of new domicile
Lunatic's
acquisition of new
domicile
Succession to
moveable
property in
Bangladesh, in
absence of proof
of domicile
elsewhere
PART III
Marriage
Interests and
powers not
acquired nor lost
by marriage
Effect of marriage
between person
domiciled and one
not domiciled in
Bangladesh
Settlement of
minor's property
in contemplation
of marriage
PART IV
Of Consanguinity
Application of Part
23. Nothing in this Part shall apply to any will made or intestacy
occurring before the first day of January, 1866, or to intestate or
testamentary succession to the property of any Hindu, Muslim,
Buddhist, Sikh, Jaina or Parsi.
Kindred or
consanguinity
Lineal
consanguinity
Collateral
consanguinity
27. For the purpose of succession, there is no distinction(a) between those who are related to a person deceased
through his father, and those who are related to him through his
mother; or
(b) between those who are related to a person deceased by the
full blood, and those who are related to him by the half blood; or
(c) between those who were actually born in the lifetime of a
person deceased and those who at the date of his death were
only conceived in the womb, but who have been subsequently
born alive.
Mode of
computing of
degrees of
kindred
Illustrations
PART V
Intestate Succession
CHAPTER I
PRELIMINARY
Application of Part
29. (1) This Part shall not apply to any intestacy occurring before
the first day of January, 1866, or to the property of any Hindu,
Muslim, Buddhist, Sikh or Jaina.
(2) Save as provided in sub-section (1) or by any other law for
the time being in force, the provisions of this Part shall constitute
the law of Bangladesh in all cases of intestacy.
As to what
property
deceased
considered to
have died
intestate
CHAPTER II
RULES IN CASES OF INTESTATES OTHER THAN PARSIS
Chapter not to
apply to Parsis
Devolution of such
property
Where intestate
has left widow and
lineal
descendants, or
widow and kindred
only, or widow and
no kindred
33. Where the intestate has left a widow(a) if he has also left any lineal descendants, one-third of his
property shall belong to his widow, and the remaining two-thirds
shall go to his lineal descendants, according to the rules
hereinafter contained;
(b) save as provided by section 33A, if he has left no lineal
descendant, but has left persons who are of kindred to him, onehalf of his property shall belong to his widow, and the other half
shall go to those who are of kindred to him, in the order and
according to the rules hereinafter contained;
(c) if he has left none who are of kindred to him, the whole of
his property shall belong to his widow.
Special provision
where intestate
has left widow and
no lineal
descendants
7[
33A. (1) Where the intestate has left a widow but no lineal
descendants and the net value of his property does not exceed
five thousand Taka the whole of his property shall belong to the
widow.
(2) Where the net value of the property exceeds the sum of five
thousand Taka, the widow shall be entitled to five thousand Taka
thereof and shall have a charge upon the whole of such property
for such sum of five thousand Taka, with interest thereon from
the date of the death of the intestate at 4 per cent, per annuam
until payment.
(3) The provision for the widow made by this section shall be in
addition and without prejudice to her interest and share in the
residue of the estate of such intestate remaining after payment
of the said sum of five thousand Taka, with interest asaforesaid,
and such residue shall be distributed in accordance with the
provisions of section 33 as if it were the whole of such
intestate's property.
(4) The net value of the property shall be ascertained by
deducting from the gross value thereof all debts, and all funeral
and administration expenses of the intestate, and all other lawful
liabilities and charges to which the property shall be subject.
(5) This section shall not apply(a) to the property of(i) any Bangladesh Christian,
(ii) any child or grandchild of any male person who is or was at
the time of his death a Bangladesh Christian, or
(iii) any person professing the Hindu, Buddhist, Sikh or Jaina
religion the succession to whose property is, under section 24 of
the Special Marriage Act, 1872, regulated by the provisions of this
Act;
(b) unless the deceased dies intestate in respect of all his
property.]
Where intestate
has left no widow,
and where he has
left no kindred
34. Where the intestate has left no widow, his property shall go
to his lineal descendants or to those who are of kindred to him,
not being lineal descendants, according to the rules hereinafter
contained; and, if he has left none who are of kindred to him, it
shall go to the Government.
Rights of widower
Distribution where
there are lineal
descendants
35. A husband surviving his wife has the same rights in respect
of her property, if she dies intestate, as a widow has in respect
of her husband's property, if he dies intestate.
Distribution where there are lineal descendants
Rules of
distribution
36. The rules for the distribution of the intestate's property (after
deducting the widow's share, if he has left a widow) amongst his
lineal descendants shall be those contained in sections 37 to 40.
Where intestate
has left child or
children only
37. Where the intestate has left surviving him a child or children,
but no more remote lineal descendant through a deceased child,
the property shall belong to his surviving child, if there is only
one, or shall be equally divided among all his surviving children.
Where intestate
has left no child,
but grandchild or
grand-children
38. Where the intestate has not left surviving him any child, but
has left a grandchild or grandchildren and no more remote
descendant through a deceased grandchild, the property shall
belong to his surviving grandchild if there is only one, or shall be
equally divided among all his surviving grandchildren.
Illustrations
(i) A has three children, and no more, John, Mary, and Henry.
They all die before the father, John leaving two children, Mary
three and Henry four. Afterwards A dies intestate, leaving those
nine grandchildren and no descendant of any deceased
grandchild. Each of his grandchildren will have one ninth.
(ii) But if Henry has died, leaving no child, then the whole is
equally divided between the intestate's five grandchildren, the
children of John and Mary.
Where intestate
has left only great
grandchildren or
remoter lineal
descendants
Where intestate
leaves lineal
desendants not all
in same degree of
kindred to him,
and those through
whom the more
remote are
descended are
dead Distribution
where there are
no lineal
descendants
40. (1) If the intestate has left lineal descendants who do not all
stand in the same degree of kindred to him, and the persons
through whom the more remote are descended from him are
dead, the property shall be divided into such a number of equal
shares as may correspond with the number of the lineal
descendants of the intestate who either stood in the nearest
degree of kindred to him at his decease, or, having been of the
like degree of kindred to him, died before him, leaving lineal
descendants who survived him.
(2) One of such shares shall be allotted to each of the lineal
descendants who stood in the nearest degree of kindred to the
intestate at his decease; and one of such shares shall be allotted
in respect of each of such deceased lineal descendants; and
(i) A had three children, Jhon, Mary and Henry; John died, leaving
four children, and Mary died, leaving one, and Henry alone
survived the father. On the death of A, intestate, one-third is
allotted to Henry, one-third to John's four children and the
remaining third to Mary's one child.
(ii) A left no child, but left eight grandchildren, and two children of
a deceased grandchild. The property is divided into nine parts,
one of which is allotted to each grandchild, and the remaining
one-ninth is equally divided between the two great-granchildren.
(iii) A has three children, John, Mary and Henry; John dies leaving
four children; and one of John's children dies leaving two children.
Mary dies leaving one child. A afterwards dies intestate. One-third
of his property is allotted to Henry, one-third to Mary's child, and
one-third is divided into four parts, one of which is allotted to
each of John's three surviving children, and the remaining part is
equally divided between John's two grandchildren.
(iv) A has two children, and no more; John and Mary. John dies
before his father, leaving his wife pregnant. Then A dies leaving
Mary surviving him and in due time a child of John is born. A's
property is to be equally divided between Mary and the
posthumous child.
Distribution where there are no lineal descendants
Where intestate's
father living
Where intestate's
Where intestate's
father dead and
his mother, a
brother or sister,
and children of
any deceased
brother or sister,
living
Where intestate's
father dead and
his mother and
children of any
deceased brother
or sister living
Where intestate's
father dead, but
living, and there is neither brother, nor sister, nor child of any
brother or sister of the intestate, the property shall belong to the
mother.
Where intestate
has left neither
lineal descendant,
nor father, nor
mother
47. Where the intestate has left neither lineal descendant, nor
father, nor mother, the property shall be divided equally between
his brothers and sisters and the child or children of such of them
as may have died before him, such children (if more than one)
taking in equal shares only the shares which their respective
parents would have taken if living at the intestate's death.
Where intestate
has left neither
lineal descendant,
nor parent, nor
brother, nor sister
48. Where the intestate has left neither lineal descendant, nor
parent, nor brother, nor sister, his property shall be divided
equally among those of his relatives who are in the nearest
degree of kindred to him.
Illustrations
Children's
advancements not
brought into
hotchpot
CHAPTER III
SPECIAL RULES FOR PARSI INTESTATES
General Principles
relating to
intestate
successionc
50. For the purpose of intestate succession among Parsis(a) there is no distinction between those who were actually born
in the lifetime of a person ceased and those who at the date of
his death were only conceived in the womb, but who have been
subsequently born alive;
(b) a lineal descendant of an intestate who has died in the
lifetime of the intestate without leaving a widow or widower or
any lineal descendant or a widow of any lineal descendant shall
not be taken into account in determining the manner in which the
property of which the intestate has died intestate shall be
divided; and
(c) where a widow of any relative of an intestate has married
again in the lifetime of the intestate, she shall not be entitled to
receive any share of the property of which the intestate has died
intestate, and she shall be deemed not to be existing at the
intestate's death.
Division of a male
intestate's
property among
his widow,
children and
parents
Division of a
female intestate's
property among
her widower and
children
Division of share
of predeceased
child of intestate
leaving lineal
descendants
53. In all cases where a Parsi dies leaving any lineal descendant,
if any child of such intestate has died in the lifetime of the
intestate, the division of the share of the property of which the
intestate has died intestate which such child would have taken if
living at the intestate's death shall be in accordance with the
following rules, namely:(a) If such deceased child was a son, his widow and children
shall take shares in accordance with the provisions of this
Chapter as if he had died immediately after the intestate's death:
Provided that where such deceased son has left a widow or a
widow of a lineal descendant but no lineal descendant, the
residue of his share after such distribution has been made shall
be divided in accordance with the provisions of this chapter as
property of which the intestate has died intestate, and in making
the division of such residue the said deceased son of the
intestate shall not be taken into account.
(b) If such deceased child was a daughter, her share shall be
divided equally among her children.
(c) If any child of such deceased child has also died during the
lifetime of the intestate, the share which he or she would have
taken if living at the intestate's death shall be divided in like
manner in accordance with clause (a) or clause (b) as the case
may be.
(d) Where a remoter lineal descendant of the intestate has died
during the lifetime of the intestate, the provisions of clause (c)
shall apply mutatis mutandis to the division of any share to which
he or she would have been entitled if living at the intestate's
death by reason of the predeceased of all the intestate's lineal
descendants directly between him or her and the intestate.
Division of
property where
intestate leaves
no lineal
descendant but
leaves a widow or
widower or a
widow of any
lineal descendant
54. Where a Parsi dies without leaving any lineal descendant but
leaving a widow or widower or a widow of a lineal descendant,
the property of which the intestate dies intestate shall be divided
in accordance with the following rules, namely:(a) If the intestate leaves a widow or widower but no widow of
a lineal descendant, the widow or widower shall take half the
said property.
(b) If the intestate leaves a widow or widower and also a widow
of any lineal descendant, his widow or her widower shall receive
one-third of the said property, and the widow of any lineal
descendant shall receive another one-third, or if there is more
than one such widow, the last mentioned one-third shall be
divided equally among them.
Division of
property where
intestate leaves
neither lineal
descendants nor a
widow or widower
nor a widow of
any lineal
descendant
Division of
property where
there is no
relative entitled to
succeed under the
other provisions
of this Chapter
PART VI
Testamentary Succession
CHAPTER I
INTRODUCTORY
Application of
57. The provisions of this Part which are set out in Schedule III
certain provisions
of Part to a class
of wills made by
Hindus, etc
shall, subject to
therein, apply-
the
restrictions
and
modifications
specified
(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or
Jaina, on or after the first day of September, 1870, within the
territories 8 [ of Bangladesh]; and
(b) to all such wills and codicils made outside those territories
and limits so far as relates to immoveable property situate within
those territories or limits; and
(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or
Jaina on or after the 1st day of January, 1927, to which those
provisions are not applied by clauses (a) and (b):
Provided that marriage shall not revoke any such will or codicil.
General
application of Part
58. (1) The provisions of this Part shall not apply to testamentary
succession to the Property of any Muslim nor, save as provided
by section 57, to testamentary succession to the property of any
Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will
made before the first day of January, 1866.
(2) Save as provided in sub-section (1) or by any other law for
the time being in force, the provisions of this Part shall constitute
the law of Bangladesh applicable to all cases of testamentary
succession.
CHAPTER II
OF WILLS AND CODICILS
Person capable of
making wills
59. Every person of sound mind not being a minor may dispose
of his property by will.
Explanation 1.-A married woman may dispose by will of any
property which she could alienate by her own act during her life.
Explanation 2.-Persons who are deaf or dumb or blind are not
thereby incapacitated for making a will if they are able to know
what they do by it.
Explanation 3.-A person who is ordinarily insane may make a will
during an interval in which he is of sound mind.
Explanation 4.-No person can make a will while he is in such a
state of mind, whether arising from intoxication or from illness or
from any other cause, that he does not know what he is doing.
(i) A can perceive what is going on in his immediate
neighbourhood, and can answer familiar questions, but has not a
competent understanding as to the nature of his property, or the
persons who are kindred to him, or in whose favour it would be
proper that he should make his will. A cannot make a valid will.
Illustrations
Testamentary
guardian
60. A father, whatever his age may be, may by will appoint a
guardian or guardians for his child during minority.
Will obtained by
fraud, coercion or
importunity
61. A will or any part of a will, the making of which has been
caused by fraud or coercion, or by such importunity as takes
away the free agency of the testator, is void.
Illustrations
Will may be
revoked or
altered
CHAPTER III
OF THE EXECUTION OF UNPRIVILEGED WILLS
Execution of
unprivileged wills
Incorporation of
papers by
reference
CHAPTER IV
OF PRIVILEGED WILLS
Privileged wills
Mode of making,
and rules for
executing,
privileged wills
following rules:(a) The will may be written wholly by the testator, with his own
hand. In such case it need not be signed or attested.
(b) It may be written wholly or in part by another person, and
signed by the testator. In such case it need not be attested.
(c) If the instrument purporting to be a will is written wholly or in
part by another person and is not signed by the testator, it shall
be deemed to be his will, if it is shown that it was written by the
testator's directions or that he recognised it as his will.
(d) If it appears on the face of the instrument that the execution
of it in the manner intended by the testator was not completed,
the instrument shall not, by reason of that circumstance, be
invalid, provided that his non-execution of it can be reasonably
ascribed to some cause other than the abandonment of the
testamentary intentions expressed in the instrument.
(e) If the soldier, airman or mariner has written instructions for
the preparation of his will, but has died before it could be
prepared and executed, such instructions shall be considered to
constitute his will.
(f) If the soldier, airman or mariner has, in the presence of two
witnesses, given verbal instructions for the preparation of his will,
and they have been reduced into writing in his lifetime, but he
has died before the instrument could be prepared and executed,
such instructions shall be considered to constitute his will,
although they may not have been reduced into writing in his
presence, nor read over to him.
(g) The soldier, airman or mariner may make a will by word of
mouth by declaring his intentions before two witnesses present
at the same time.
(h) A will made by word of mouth shall be null at the expiration
of one month after the testator, being still alive, has ceased to
be entitled to make a privileged will.
CHAPTER V
OF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL OF
WILLS
Effect of gift to
attesting witness
Witness not
disqualified by
interest or by
being executor
Revocation of will
by testator's
marriage
Revocation of
unprivileged will
or codicil
Effect of
obliteration,
interlineations or
alteration in
unprivileged will
Revocation of
privileged will or
codicil
Revival of
unprivileged will
73. (1) No unprivileged will or codicil, nor any part thereof, which
has been revoked in any manner, shall be revived otherwise than
by the re-execution thereof, or by a codicil executed in manner
hereinbefore required, and showing an intention to revive the
same.
(2) When any will or codicil, which has been partly revoked
afterwards wholly revoked, is revived, such revival shall
extend to so much thereof as has been revoked before
revocation of the whole thereof, unless an intention to
contrary is shown by the will or codicil.
and
not
the
the
CHAPTER VI
OF THE CONSTRUCTION OF WILLS
Wording of will
Inquiries to
determine
questions as to
object or subject
of will
Illustrations
(i) A, by his will, bequeaths 1,000 Taka to his eldest son or to his
youngest grandchild, or to his cousin, Mary. A Court may make
inquiry in order to ascertain to what person the description in the
will applies.
(ii) A, by his will, leaves to B "my estate called Black Acre". It may
be necessary to take evidence in order to ascertain what is the
subject-matter of the bequest; that is to say, what estate of the
testator's is called Black Acre.
(iii) A, by his will, leaves to B "the estate which I purchased of
C". It may be necessary to take evidence in order to ascertain
what estate the testator purchased of C.
Misnomer or
misdescription of
object
children of A". At the date of the will A has four children. Each of
these four children will, if he survives the testator, receive a
legacy of 1,000 Taka.
Rejection of
erroneous
particulars in
description of
subject
When part of
description may
not be rejected as
erroneous
Extrinsic evidence
admissible in
cases of patent
ambiguity
Extrinsic evidence
inadmissible in
case of patent
ambiguity or
deficiency
(i) A man has an aunt, Caroline, and a cousin, Mary, and has no
aunt of the name of Mary. By his will he bequeaths 1,000 Taka to
"my aunt, Caroline" and 1,000 Taka to "my cousin, Mary" and
afterwards bequeaths 2,000 Taka to "my before-mentioned aunt,
Mary". There is no person to whom the description given in the
will can apply, and evidence is not admissible to show who was
meant by "my before-mentioned aunt, Mary". The bequest is
therefore void for uncertainty under section 89.
(ii) A bequeaths 1,000 Taka to leaving a blank for the name of
Meaning of clause
to be collected
from entire will
his
his
not
not
Which of two
possible
constructions
preferred
No part rejected,
if it can be
reasonably
construed
Interpretation of
words repeated in
different parts of
will
86. If the same words occur in different parts of the same will,
they shall be taken to have been used everywhere in the same
sense, unless a contrary intention appears.
Testator's
intention to be
effectuated as far
as possible
87. The intention of the testator shall not be set aside because it
cannot take effect to the full extent, but effect is to be given to it
as far as possible.
Illustration
The testator by a will made on his death-bed bequeathed all his
property to C D for life and after his decease to a certain
hospital. The intention of the testator cannot take effect to its full
extent, because the gift to the hospital is void under section 118,
but it will take effect so far as regards the gift to C D.
(i) The testator by the first clause of his will leaves his estate of
Rangpur "to A" and by the last clause of his will leaves it "to B
and not to A". B will have it.
Will or bequest
void for
uncertainty
Words describing
subject refer to
property
answering
description at
testator's death
Power of
appointment
executed by
general bequest
Implied gift to
objects of power
in default of
appointment
Bequest to
"heirs", etc, of
particular person
without qualifying
terms
Bequest to
"representatives,"
etc, of particular
person
Bequest without
words of limitation
Bequest in
alternative
Effect of words
describing a class
added to bequest
to person
Bequest to class
of persons under
general
description only
Construction of
terms
99. In a will(a) the word "children" applies only to lineal descendants in the
first degree of the person whose "children" are spoken of;
(b) the word "grandchildren" applies only to lineal descendants in
the second degree of the person whose "grandchildren" are
spoken of;
apply alike
to
Words expressing
relationship
denote only
legitimate
relatives or failing
such relatives
reputed legitimate
Rules of
construction
where will
purports to make
two bequests to
same person
Constitution of
residuary legatee
Property to which
residuary legatee
entitled
Time of vesting
legacy in general
terms
In what case
legacy lapses
105. (1) If the legatee does not survive the testator, the legacy
cannot take effect, but shall lapse and form part of the residue of
the testator's property, unless it appears by the will that the
testator intended that it should go to some other person.
(2) In order to entitle the representatives of the legatee to
receive the legacy, it must be proved that he survived the
testator.
Illustrations
Effect of words
showing testator's
intention to give
distinct shares
When lapsed
share goes as
undisposed of
When bequest to
testator's child or
lineal descendant
109. Where a bequest has been made to any child or other lineal
descendant of the testator, and the legatee dies in the life-time
Bequest to A for
benefit of B does
not lapse by A's
death
Survivorship in
case of bequest to
described class
(iv) A bequeaths one-third of his lands to B for his life, and after
his decease to the sisters of B. At the death of the testator, B
had two sisters living, C and D, and after that event another
sister E was born. C died during the life of B, D and E have
survived B. One-third of A's lands belong to D, E and the
representatives of C, in equal shares.
(v) A bequeaths 1,000 Taka to B for life and after his death
equally among the children of C. Up to the death of B, C had not
had any child. The bequest after the death of B is void.
(vi) A bequeaths 1,000 Taka to "all the children born or to be
born" of B to be divided among them at the death of C. At the
death of the testator, B has two children living, D and E. After
the death of the testator, but in the lifetime of C, two other
children, F and G, are born to B. After the death of C, another
child is born to B. The legacy belongs to D, E, F and G, to the
exclusion of the after-born child of B.
(vii) A bequeaths a fund to the children of B, to be divided among
them when the eldest shall attain majority. At the testator's
death, B had one child living, named C. He afterwards and two
other children, named D and E. E died, but C and D were living
when C attained majority. The fund belongs to C, D and the
representatives of E, to the exclusion of any child who may be
born to B after C's attaining majority.
CHAPTER VII
OF VOID BEQUESTS
Bequest to person
by particular
description, who is
not in existence at
testator's death
(ii) A bequeaths 1,000 Taka to B for life, and after his death to
the eldest son of C. At the death of the testator, C had no son.
Afterwards, during the life of B, a son is born to C. Upon B's
death the legacy goes to C's son.
(iv) A bequeaths his estate of Green Acre to B for life, and at his
decease, to the eldest son of C. Up to the death of B, C has had
no son. The bequest to C's eldest son is void.
(v) A bequeaths 1,000 Taka to the eldest son of C, to be paid to
him after the death of B. At the death of the testator C has no
son, but a son is afterwards born to him during the life of B and
is alive at B's death. C's son is entitled to the 1,000 Taka.
Bequest to person
not in existence at
testator's death
subject to prior
bequest
in existence at
prior bequest
void, unless it
the testator in
Illustrations
(i) Property is bequeathed to A for his life, and after his death to
his eldest son for life, and after the death of the latter to his
eldest son. At the time of the testator's death, A has no son.
Here the bequest to A's eldest son is a bequest to a person not
in existence at the testator's death. It is not a bequest of the
whole interest that remains to the testator. The bequest to A's
eldest son for his life is void.
(ii) A fund is bequeathed to A for his life, and after his death to
his daughters. A survives the testator. A has daughters some of
whom were not in existence at the testator's death. The bequest
to A's daughters comprises the whole interest that remains to the
testator in the thing bequeathed. The bequest to A's daughters is
valid.
(iii) A fund is bequeathed to A for his life, and after his death to
his daughters, with a direction that, if any of them marries under
the age of eighteen, her portion shall be settled so that it may
belong to herself for life and may be divisible among her children
after her death. A has no daughters living at the time of the
testator's death, but has daughters born afterwards who survive
him. Here the direction for a settlement has the effect in the case
of each daughter who marries under eighteen of substituting for
the absolute bequest to her a bequest
to her merely for her life; that is to say, a bequest to a person
not in existence at the time of the testator's death of something
which is less than the whole interest that remains to the testator
in the thing bequeathed. The direction to settle the fund is void.
(iv) A bequeaths a sum of money to B for life, and directs that
upon the death of B the fund shall be settled upon his
daughters, so that the portion of each daughter may belong to
herself for life, and may be divided among her children after her
Rule against
perpetuity
(i) A fund is bequeathed to A for his life and after his death to B
for his life; and after B's death to such of the sons of B as shall
first attain the age of 25. A and B survive the testator. Here the
son of B who shall first attain the age of 25 may be a son born
after the death of the testator; such son may not attain 25 until
more than 18 years have elapsed from the death of the longer
liver of A and B; and the vesting of the fund may thus be
delayed beyond the lifetime of A and B and the minority of the
sons of B. The bequest after B's death is void.
(ii) A fund is bequeathed to A for his life, and after his death to B
for his life, and after B's death to such of B's sons as shall first
attain the age of 25. D dies in the lifetime of the testator, leaving
one or more sons. In this case the sons of B are persons living
at the time of the testator's decease, and the time when either
of them will attain 25 necessarily falls within his own lifetime. The
bequest is valid.
(iii) A fund is bequeathed to A for his life, and after his death to
B for his life, with a direction that after B's death it shall be
divided amongst such of B's children as shall attain the age of
18, but
that, if no child of B shall attain that age, the fund shall go to C.
Here the time for the division of the fund must arrive at the
latest at the expiration of 18 years from the death of B, a person
living at the testator's decease. All the bequests are valid.
(iv) A fund is bequeathed to trustees for the benefit of the
testator's daughters, with a direction that, if any of them marry
under age, her share of the fund shall be settled so as to
devolve after her death upon such of her children as shall attain
the age of 18. Any daughter of the testator to whom the
direction applies must be in existence at his decease and any
portion of the fund which may eventually be settled as directed
must vest not later than 18 years from the death of the
daughters whose share it was. All these provisions are valid.
Bequest to a class
some of whom
may come under
rules in sections
113 and 114
(i) A fund is bequeathed to A for life, and after his death to all
his children who shall attain the age of 25. A survives the
testator, and has some children living at the testator's death.
Each child of A's living at the testator's death must attain the age
of 25 (if at all) within the limits allowed for a bequest. But A may
have children after the testator's decease, some of whom may
not attain the age of 25 until more than 18 years have elapsed
after the decease of A. The bequest to A's children, therefore, is
in operative as to any child born after the testator's death, and
in regard to those who do not attain the age of 25 within 18
years after A's death, but is operative in regard to the other
children of A.
(ii) A fund is bequeathed to A for his life, and after his death to
B, C, D and all other children of A who shall attain the age of 25.
B, C, D are children of A living at the testator's decease. In all
other respects the case is the same as that supposed in
illustration (i). Although the mention of B, C and D does not
prevent the bequest from being regarded as a bequest to a
class, it is not wholly void. It is operative as regards any of the
children B, C or D, who attains the age of 25 within 18 years
after A's death.
Bequest to take
effect on failure of
prior bequest
Effect of direction
for accoumulation
117. (1) Where the terms of a will direct that the income arising
from any property shall be accumulated either wholly or in part
during any period longer than a period of eighteen years from
the death of the testator, such direction shall, save as hereinafter
provided, be void to the extent to which the period during which
the accumulation is directed exceeds the aforesaid period, and at
the end of such period of eighteen years the property and the
income thereof shall be disposed of as if the period during which
the accumulation has been directed to be made had elapsed.
(2) This section shall not affect any direction for accumulation for
the purpose of(i) the payment of the debts of the testator or any other person
taking any interest under the will, or
(ii) the provision of portions for children or remoter issue of the
testator or of any other person taking any interest under the will,
or
(iii) the preservation or maintenance of any property bequeathed;
and such direction may be made accordingly.
Bequest to
religious or
charitable uses
CHAPTER VIII
OF THE VESTING OF LEGACIES
Date of vesting of
legacy when
payment or
possession
postponed
the age of 18", or "when he shall attain the age of 18". A's
interest in the legacy is contingent until the condition is fulfilled
by his attaining that age.
(iii) An estate is bequeathed to A for
if B shall then be living; but if B shall
and C survive the testator. B and
interest in the estate until the event
in the other has happened.
Date of vesting
when legacy
contingent upon
specified
uncertain event
Taka to B.
Vesting of interest
in bequest to such
members of a
class as shall
have attained
particular age
CHAPTER IX
OF ONEROUS BEQUESTS
Onerous bequests
One of two
separate and
independent
bequests to same
person may be
accepted, and
other refused
CHAPTER X
OF CONTINGENT BEQUESTS
Bequest
contingent upon
specified
uncertain event,
no time being
mentioned for its
occurrence
Bequest to such of
certain persons as
shall be surviving
at some period
not specified
death, to B
dies in the
dies in the
The legacy
CHAPTER XI
OF CONDITIONAL BEQUESTS
Bequest upon
impossible
condition
Bequest upon
illegal or immoral
condition
Fulfilment of
condition
precedent to
vesting of legacy
Bequest to A and
on failure of prior
bequest to B
When second
bequest not to
take effect on
failure of first
130. Where the will shows an intention that the second bequest
shall take effect only in the event of the first bequest failing in a
particular manner, the second bequest shall not take effect,
unless the prior bequest fails in that particular manner.
Illustration
A makes a bequest to his wife, but in case she should die in his
lifetime, bequeaths to B that which he had bequeathed to her. A
and his wife perish together, under circumstances which make it
impossible to prove that she died before him; the bequest to B
does not take effect.
Bequest over,
conditional upon
happening or not
happening of
specified
uncertain event
Condition must be
strictly fulfilled
Original bequest
not affected by
invalidity of
second
Bequest
conditioned that it
shall cease to
have effect in
case a specified
uncertain event
shall happen, or
not happen
Such condition
must not be
invalid under
section 120
Result of legatee
rendering
impossible or
indefinitely
postponing act for
which no time
specified, and on
non-performance
of which subjectmatter to go over
Performance of
condition,
precedent or
subsequent, within
specified time
Further time in
case of fraud
CHAPTER XII
OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR
ENJOYMENT.
Direction that fund
be employed in
particular manner
following absolute
bequest of same
to or for benefit of
any person
Direction that
mode of
enjoyment of
absolute bequest
is to be restricted,
to secure
specified benefit
for legatee
Bequest of fund
for certain
purposes, some of
which cannot be
fulfilled
CHAPTER XIII
OF BEQUESTS TO AN EXECUTOR
Legatee named as
executor cannot
take unless he
shows intention to
act as executor
CHAPTER XIV
OF SPECIFIC LEGACIES
Specific legacy
defined
Government securities".
These bequests are not specific.
(vii) A, having property in England and property in India,
bequeaths a legacy to B, and directs that it shall be paid out of
the property which he may leave in India. He also bequeaths a
legacy to C, and directs that it shall be paid out of property
which he may leave in England. No one of these legacies is
specific.
Bequest of certain
sum where stocks,
etc, in which
invested are
described
at
present
secured
by
mortgage
or
Rampur
Bequest of stock
where testator
had, at date of
will, equal or
greater amount of
stock of same
kind
Bequest of money
where not payable
until part of
testator's
property disposed
of in certain way
When enumerated
articles not
deemed
specifically
bequeathed
Retention, in form,
of specific
bequest to several
persons in
succession
Sale and
investment of
proceeds of
property
bequeathed to two
or more persons
in succession
Where deficiency
of assets to pay
legacies, specific
legacy not to
abate with general
legacies
CHAPTER XV
OF DEMONSTRATIVE LEGACIES
Demonstrative
legacy defined
Order of payment
when legacy
directed to be
paid out of fund
the subject of
specific legacy
CHAPTER XVI
OF ADEMPTION OF LEGACIES
Ademption
explained
Non-ademption of
demonstrative
legacy
the
the
into
out
Ademption of
specific bequest
of right to receive
something from
third party
Ademption pro
tanto by testator's
receipt of part of
entire thing
specifically
bequeathed
Ademption pro
tanto by testator's
receipt of portion
of entire fund of
which portion has
been specifically
bequeathed
Order of payment
where portion of
fund specifically
bequeathed to one
legatee, and
legacy charged on
same fund to
another, and,
testator having
received portion
of that fund,
remainder
insufficient to pay
both legacies
Ademption where
stock, specifically
bequeathed, does
not exist at
testator's death
Illustration
A bequeaths to B 1,000 Taka, part of the debt of 2,000 Taka due
to him from W. He also bequeaths to C 1,000 Taka to be paid
out of the debt due to him from W. A afterwards receives 500
Taka, part of that debt, and dies leaving only 1,500 Taka due to
him from W. Of these 1,500 Taka, 1,000 Taka belong to B, and
500 Taka are to be paid to C. C is also to receive 500 Taka out
of the general assets of the testator.
Illustration
A bequeaths to B"my capital stock of 1,000/- in East India Stock":
Ademption pro
tanto where stock,
specially
bequeathed,
exists in part only
at testator's death
Non-ademption of
specific bequest
of goods
described as
connected with
certain place, by
reason of removal
When removal of
thing bequeathed
does not
constitute
ademption
the place in
constitute an
in order to
to bequeath.
Illustrations
(i) A bequeaths to B "all the bills, bonds and other securities for
money belonging to me now lying in my lodgings in Dhaka". At
the time of his death, these effects had been removed from his
lodgings in Dhaka.
(ii) A bequeaths to B all his furniture then in his hosue in Dhaka.
The testator has a house at Dhaka and another at Chalna, in
which he lives alternately, being possessed of one set of furniture
only which he removes with himself to each house. At the time of
his death the furniture is in the house at Chalna.
(iii) A bequeaths to B all his goods on board a certain ship then
lying in the river Padma. The goods are removed by A's directions
to a ware-house, in which they remain at the time of A's death.
No one of these legacies is revoked by ademption.
When thing
bequeathed is a
valuable to be
received by
testator from third
person; and
testator himself,
or his
representative,
receives it
Change by
operation of law
of subject of
specific bequest
between date of
will and testator's
death
Change of subject
without testator's
knowledge
Stock specifically
bequeathed lent
to third party on
condition that it
be replaced
Stock specifically
bequeathed sold
but replaced, and
belonging to
testator at his
death
CHAPTER XVII
OF THE PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF
A BEQUEST
Non-liability of
executor to
exonerate specific
legatees
Completion of
testator's title to
things bequeathed
to be at cost of his
estate
Exoneration of
legatee's
immoveable
property for which
land-revenue or
rent payable
periodically
Exoneration of
specific legatee's
stock in joint
stock company
other payment is due from the testator at the time of his death
in respect of the stock, such call or payment shall, as between
the testator's estate and the legatee, be borne by the estate;
but, if any call or other payment becomes due in respect of such
stock after the testator's death, the same shall, as between the
testator's estate and the legatee, be borne by the legatee, if he
accepts the bequest.
Illustrations
CHAPTER XVIII
OF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS
Bequest of thing
described in
general terms
CHAPTER XIX
OF BEQUESTS OF THE INTEREST OR PRODUCE OF A FUND
Bequest of
interest or
produce of fund
CHAPTER XX
OF BEQUESTS OF ANNUTIES
Annuity created
by will payable for
life only unless
contrary intention
appears by will
Period of vesting
where will directs
that annuity be
provided out of
proceeds of
property, or out of
property
generally, or
where money
bequeathed to be
invested in
purchase of
annuity
174. Where the will directs that an annuity shall be provide for
any person out of the proceeds of property, or out of property
generally, or where money is bequeathed to be invested in the
purchase of any annuity for any person, on the testator's death,
the legacy vests in interest in the legatee, and he is entitled at
his option to have an annuity purchased for him or to receive the
money appropriated for that purpose by the will.
Illustrations
(ii) A bequeaths a fund to B for his life, and directs that after B's
death, it shall be laid out in the purchase of an annuity for C. B
and C survive the testator. C dies in B's lifetime. On B's death
the fund belongs to the representative of C.
Abatement of
annuity
Where gift of
annuity and
residuary gift,
whole annuity to
be first satisfied
CHAPTER XXI
OF LEGACIES TO CREDITORS AND PORTIONERS
Creditor prima
facie entitled to
legacy as well as
debt
entitled to legacy
as well as portion
No ademption by
subsequent
provision for
leagatee
CHAPTER XXII
OF ELECTION
Circumstances in
which election
takes place
Devolution of
interest
relinquished by
owner
Testator's belief
182. The provisions of sections 180 and 181 apply whether the
as to his
ownership
immaterial
Person deriving
benefit indirectly
not put to election
Person taking in
individual
capacity under
will may in other
character elect to
take in opposition
Exception to
provisions of last
six sections
When acceptance
of benefit given
by will constitutes
election to take
under will
Circumstances in
which knowledge
or waiver is
presumed or
inferred
When testator's
representatives
may call upon
legatee to elect
189. If the legatee does not, within one year after the death of
the testator, signify to the testator's representatives his intention
to confirm or to dissent from the will, the representatives shall,
upon the expiration of that period, require him to make his
election; and, if he does not comply with such requisition within a
reasonable time after he has received it, he shall be deemed to
have elected to confirm the will.
Postponement of
election in case of
disability
CHAPTER XXIII
OF GIFTS IN CONTEMPLATION OF DEATH
Property
transferable by
gift made in
contemplation of
death
PART VII
Protection of Property of Deceased
Person claiming
right by
succession to
property of
deceased may
apply for relief
against wrongful
possession
Inquiry made by
Judge
Procedure
Appointment of
curator pending
determination of
proceeding
Powers
conferrable on
curator
Prohibition of
exercise of
certain powers by
curators
, to curator
Curator to give
security and may
198. (1) The District Judge shall take from the curator security for
the faithful discharge of his trust, and for rendering satisfactory
receive
remuneration
Report from
Collector where
estate includes
revenue-paying
land
Institution and
defence of suits
Allowances to
apparent owners
pending custody
by curator
Accounts to be
filed by curator
202. The curator shall file monthly accounts in abstract, and shall,
on the expiry of each period of three months, if his administration
lasts so long, and, upon giving up the possession of the
property, file a detailed account of his administration to the
satisfaction of the District Judge.
Inspection of
accounts and right
of interested
party to keep
duplicate
Bar to
appointment of
second curator for
same property
Limitation of time
for application for
curator
Bar to
enforcement of
Part against public
settlement or
legal directions by
deceased
Court of Wards to
be made curator
in case of minors
having property
subject to its
jurisdiction
Saving of right to
bring suit
Effect of decision
of summary
proceeding
Appointment of
public curators
210. The Government may appoint public curators for any district
or number of districts; and the District Judge having jurisdiction
shall nominate such public curators in all cases where the choice
of a curator is left discretionary with him under this Part.
PART VIII
Representative Title to Property of Deceased on Succession
Character and
property of
executor or
administrator as
such
Right to
intestate's
property
(2) This section shall not apply in the case of the intestacy of a
Hindu, Muslim, Buddhist, Sikh, Jaina or Bangladesh Christian.
Right as executor
or legatee when
established
Proof of
representative
title a condition
precedent to
recovery through
the Courts of
debts from
debtors of
deceased persons
214. (1) No Court shall(a) pass a decree against a debtor of a deceased person for
payment of his debt to a person claiming on succession to be
entitled to the effects of the deceased person or to any part
thereof, or
(b) proceed, upon an application of a person claiming to be so
entitled, to execute against such a debtor a decree or order for
the payment of his debt,
except on the production, by the person so claiming, of(i) a probate or letters of administration evidencing the grant to
him of administration to the estate of the deceased, or
(ii) a certificate granted under section 31 or section 32 of the
Administrator General's Act, 1913, and having the debt mentioned
therein, or
(iii) a succession certificate granted under Part X and having the
debt specified therein, or
14 [
* * *]
(2) The word "debt" in sub-section (1) includes any debt except
rent, revenue or profits payable in respect of land used for
agricultural purposes.
Effect on
certificate of
subsequent
probate or letters
of administration
Grantee of
probate or
administration
alone to sue, etc,
until same
revoked
PART IX
Probate, Letters of Administration and Administration of Assets of
Deceased.
Application of Part
CHAPTER I
OF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION
To whom
administration
may be granted,
where deceased is
a Hindu, Muslim,
Buddhist, Sikh,
Jaina or exempted
person
Where deceased
is not a Hindu,
Muslim, Buddhist,
Sikh, Jaina or
exempted person
219. If the deceased has died intestate and was not a person
belonging to any of the classes referred to in section 218, those
who are connected with him, either by marriage or by
consanguinity, are entitled to obtain letters of administration of
his estate and effects in the order and according to the rules
hereinafter stated, namely:(a) If the deceased has left
granted to the widow, unless
her, either on the ground of
because she has no interest in
Illustrations
of her
Effect of letters of
administration
Probate only to
appointed
executor
may
be
expressed
or
by
necessary
Illustrations
Persons to whom
probate cannot be
granted
Grant of probate
to several
executors
simultaneously or
at different times
Separate probate
of codicil
discovered after
grant of probate
Accrual of
representation to
surviving
executor
Effect of probate
227. Probate of a will when granted establishes the will from the
death of the testator, and renders valid all intermediate acts of
the executor as such.
Administration,
with copy
annexed, of
authenticated
copy of will
proved abroad
Grant of
administration
where executor
has not renounced
Procedure where
executor
renounces or fails
to accept within
time limited
Grant of
administration to
universal or
residuary
legatees
232. When(a) the deceased has made a will, but has not appointed an
executor, or
(b) the deceased has appointed an executor who is legally
incapable or refuses to act, or who has died before the testator
or before he has proved the will, or
(c) the executor dies after having proved the will, but before he
has administered all the estate of the deceased,
an universal or a residuary legatee may be admitted to prove the
will, and letters of administration with the will annexed may be
granted to him of the whole estate, or of so much thereof as
may be unadministered.
Right to
administration of
representative of
deceased
residuary legatee
Grant of
administration
where no
executor, nor
residuary lagatee
nor
representative of
such legatee
Citation before
grant of
administration to
legate other than
universal or
residuary
To whom
administration
may not be
granted
CHAPTER II
OF LIMITED GRANTS
Grants limited in duration
Probate of copy or
draft of lost will
237. When a will has been lost or mislaid since the testator's
death, or has been destroyed by wrong or accident and not by
any act of the testator, and a copy or the draft of the will has
been preserved, probate may be granted of such copy or draft,
limited until the original or a properly authenticated copy of it is
produced.
Probate of
contents of lost or
destroyed will
238. When a will has been lost or destroyed and no copy has
been made nor the draft preserved, probate may be granted of
its contents if they can be established by evidence.
Probate of copy
where original
exists
Administration
until will produced
Administration,
with will annexed,
to attorney of
absent person
who, if present,
would be entitled
to administer
Administration to
attorney of absent
person entitled to
administer in case
of intestacy
Administration
during minority of
sole executor or
residuary legatee
Administration
during minority of
several executors
or residuary
legatees
Administration for
use and benefit of
lunatic or minor
Administration
pendente lite
Administration,
with will annexed,
limited to
particular purpose
Administration
limited to
property in which
person has
beneficial interest
Administration
limited to suit
Administration
limited to purpose
of becoming party
to suit to be
brought against
administrator
252. If, at the expiration of twelve months from the date of any
probate or letters of administration, the executor or administrator
to whom the same has been granted is absent from 22 [
Bangladesh], the Court may grant, to any person whom
it may think fit, letters of administration limited to the purpose of
becoming and being made a party to a suit to be brought against
the executor or administrator, and carrying the decree which may
be made therein into effect.
Administration
limited to
collection and
preservation of
deceased's
property
Appointment, as
administrator, of
person other than
one who, in
ordinary
circumstances,
would be entitled
to administration
Administration
with exception
Rules as to grants
of effects
unadministered
Administration
when limited grant
expired and still
some part of
estate
unadministered
CHAPTER III
ALTERATION AND REVOCATION OF GRANTS
Procedure where
codicil discovered
after grant of
administration
with will annexed
262. If, after the grant of letters of administration with the will
annexed, a codicil is discovered, it may be added to the grant on
due proof and identification, and the grant may be altered and
amended accordingly.
Revocation or
annulment for just
cause
to
obtain
the
grant
were
defective
in
become
useless
and
inoperative
through
(i) The Court by which the grant was made had no jurisdiction.
(ii) The grant was made without citing parties who ought to have
been cited.
(iii) The will of which probate
revoked.
was
obtained
was
forged
or
of
of
CHAPTER IV
OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND
LETTERS OF ADMINISTRATION
Jurisdiction of
District Judge in
granting and
revoking
probates, etc
264. (1) The District Judge shall have jurisdiction in granting and
revoking probates and letters of administration in all cases within
his district.
Power to appoint
Delegate of
District Judge to
deal with noncontentious cases
25
[ * * *]
District Judge's
powers as to grant
266. The District Judge shall have the like powers and authority
in relation to the granting of probate and letters of
of probate and
administration
267. (1) The District Judge may order any person to produce and
bring into Court any paper or writing, being or purporting to be
testamentary, which may be shown to be in the possession or
under the control of such person.
(2) If it is not shown that any such paper or writing is in the
possession or under the control of such person, but there is
reason to believe that he has the knowledge of any such paper
or writing, the Court may direct such person to attend for the
purpose of being examined respecting the same.
(3) Such person shall be bound to answer truly such questions as
may be put to him by the Court, and, if so ordered, to produce
and bring in such paper or writing, and shall be subject to the
like punishment under the Penal Code, in case of default in not
attending or in not answering such questions or not bringing in
such paper or writing, as he would have been subject to in case
he had been a party to a suit and had made such default.
(4) The costs of the proceeding shall be in the discretion of the
Judge.
Proceedings of
District Judge's
Court in relation
to probate and
administration
When probate or
administration
may be granted
by District Judge
Disposal of
application made
to Judge of district
in which deceased
had no fixed
abode
Probate and
letters of
administration
may be granted
by Delegate
Conclusiveness of
probate or letters
of administration
of
27
[ * * *]
Transmission to
High Court
Division of
certificate of
grants under
proviso to section
273
Conclusiveness of
application for
probate or
administra-tion if
properly made
and verified
Petition for
probate
which
are
likely to
come
to
the
(e) when the application is for probate, that the petitioner is the
executor named in the will.
In what cases
translation of will
to be annexed to
petition
Verification of
translation by
person other than
Court translator
which
are
likely to
come
to
the
Addition to
statement in
petition, etc, for
probate or letters
of administration
in certain cases
Petition for
probate, etc, to be
signed and
verified
Verification of
petition for
probate by one
witness to will
281. Where the application is for probate, the petition shall also
be verified by at least one of the witnesses to the will (when
procurable) in the manner or to the effect following, namely:
"I (C. D.), one of the witnesses to the last will and testament of
the testator mentioned in the above petition, declare that I was
present and saw the said testator affix his signature (or mark)
thereto (or that the said testator acknowledged the writing
annexed to the above petition to be his last will and testament
in my presence)."
Punishment for
false averment in
petition or
declaration
Powers of District
Judge
283. (1) In all cases the District Judge or District Delegate may, if
he thinks proper,(a) examine the petitioner in person, upon oath;
(b) require further evidence of the due execution of the will or
the right of the petitioner to the letters of administration, as the
case may be;
(c) issue citations calling upon all persons claiming to have any
interest in the estate of the deceased to come and see the
proceedings before the grant of probate or letters of
administration.
(2) The citation shall be fixed up in some conspicuous part of the
court-house, and also in the office of the Collector of the district
and otherwise published or made known in such manner as the
Judge or District Delegate issuing the same may direct.
(3) [Omitted by section 3 and 2nd Schedule of the Bangladesh
Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Caveats against
grant of probate
or administration
Form of caveat
After entry of
caveat, no
proceeding taken
on petition until
after notice to
caveator
District Delegate
when not to grant
probate or
administration
Power to transmit
statement to
District Judge in
doubtful cases
where no
contention
Procedure where
there is
contention, or
District Delegate
thinks probate or
letters of
administration
should be refused
in his Court
Grant of probate
to be under seal
of Court
Grant of letters of
administration to
be under seal of
Court
Administrationbond
Assignment of
administrationbond
Filing of original
wills of which
probate or
administration
with will annexed
granted
294. (1) Every District Judge, or District Delegate, shall file and
preserve all original wills, of which probate or letters of
administration with the will annexed may be granted by him,
among the records of his Court, until some public registry for wills
is established.
(2) The Government shall make regulations for the preservation
and inspection of the wills so filed.
Procedure in
contentious cases
Surrender of
revoked probate
or letters of
administration
Payment to
executor or
administrator
before probate or
administration
revoked
Power to refuse
letters of
administration
Appeals from
orders of district
Judge
Concurrent
jurisdiction of
High Court
Division
300. (1) The High Court Division shall have concurrent jurisdiction
with the District Judge in the exercise of all the powers thereby
conferred upon the District Judge.
(2) Except in cases to which section 57 applies, 33 [ the High
Court Division], in exercise of the concurrent jurisdiction hereby
conferred over any local area 34 [ shall not], where the deceased
is a Hindu, Muslim, Buddhist, Sikh or Jaina or an exempted
person,
receive
applications
for
probate
or
letters
of
administration until the Government has, by a notification in the
official Gazette, authorised it so to do.
Removal of
executor or
administrator and
provision for
successor
Directions to
executor or
administrator
CHAPTER V
OF EXECUTORS OF THEIR OWN WRONG
Executor of his
own wrong
Liability of
executor of his
own wrong
CHAPTER VI
OF THE POWERS OF AN EXECUTOR OR ADMINISTRATOR
In respect of
causes of action
surviving
deceased and
debts due at death
Demands and
rights of action of
or against
deceased survive
to and against
executor or
administrator
Power of executor
or administrator
to dispose of
property
General powers of
administration
Commission or
agency charges
Purchase by
executor or
administrator of
deceased's
property
Powers of several
executors or
administrators
exercisable by
one
Survival of powers
on death of one of
several executors
or administrators
Powers of
administrator of
effects
unadministered
Powers of
administrator
during minority
Powers of married
executrix or
administratrix
CHAPTER VII
OF THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR
As to deceased's
funeral
Inventory and
account
Inventory to
include property
in any part of
Bangladesh in
certain cases
As to property of,
and debts owing
to, deceased
Expenses to be
paid before all
debts
Expenses to be
paid next after
such expenses
321. The
expenses of obtaining probate
or letters of
administration, including the costs incurred for or in respect of any
judicial proceedings that may be necessary for administering the
estate, shall be paid next after the funeral expenses and deathbed charges.
Save as aforesaid,
all debts to be
paid equally and
rateably
Application of
moveable
property to
payment of debts
where domicile
not in Bangladesh
Debts to be paid
before lgacies
Executor or
administrator not
bound to pay
legacies without
indemnity
Abatement of
general legacies
and special legacies, are not sufficient to pay all the general
legacies in full, the latter shall abate or be diminished in equal
proportions, and, in the absence of any direction to the contrary
in the will, the executor has no right to pay one legatee in
preference to another, or to retain any money on account of a
legacy to himself or to any person for whom he is a trustee.
Non-abatement of
specific legacy
when assets
sufficient to pay
debts
Right under
demonstrative
legacy when
assets sufficient
to pay debts and
necessary
expenses
Rateable
abatement of
specific legacies
330. If the assets are not sufficient to answer the debts and the
specific legacies, an abatement shall be made from the latter
rateably in proportion to their respective amounts.
Illustration
A has bequeathed to B a diamond ring valued at 500 Taka, and
to C a horse, valued at 1,000 Taka. It is found necessary to sell
all the effects of the testator; and his assets, after payment of
debts, are only 1,000 Taka. Of this sum 37 [ Taka 333.33] are to
be paid to B, and 38 [ Taka 666.67] to C.
Legacies treated
as general for
purpose of
abatement
CHAPTER VIII
OF ASSENT TO LEGACY BY EXECUTOR OR ADMINISTRATOR
Assent necessary
to complete
legatee's title
Effect of
executor's assent
to specific legacy
(iv) Executors die after paying all the debts of the testator, but
before satisfaction of specific legacies. Assent to the legacies may
be presumed.
(v) A person to whom a specific article has been bequeathed
takes possession of it and retains it without any objection on the
part of the executor. His assent may be presumed.
Conditional assent
Assent of
executor to his
own legacy
Effect of
executor's assent
Executor when to
deliver legacies
CHAPTER IX
OF THE PAYMENT AND APPORTIONMENT OF ANNUITIES
Commencement of
annuity when no
time fixed by will
When annuity, to
be paid quarterly
or monthly first
falls due
Dates of
successive
payments when
first payment
directed to be
made within a
given time or on
CHAPTER X
OF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES
Investment of
sum bequeathed,
where legacy, not
specific, given for
life
341. Where a legacy, not being a specific legacy, is given for life,
the sum bequeathed shall at the end of the year be invested in
Investment of
general legacy, to
be paid at future
time: disposal of
intermediate
interest
Procedure when
no fund charged
with, or
appropriated to,
annuity
Transfer to
residuary legatee
of contingent
bequest
Investment of
residue
bequeathed for
life, without
direction to invest
in particular
securities
345. (1) Where the testator has bequeathed the residue of his
estate to a person for life without any direction to invest it in any
particular securities, so much thereof as is not at the time of the
testator's decease invested in securities of the kind mentioned in
section 341 shall be converted into money and invested in such
securities.
(2) The intermediate interest shall form part of the residue of the
testator's estate.
(2) This section shall not apply if the deceased was a Hindu,
Investment of
residue
bequeathed for
life, with direction
to invest in
specified
securities
Procedure where
minor entitled to
immediate
payment or
possession of
bequest, and no
direction to pay to
person on his
behalf
CHAPTER XI
Legatee's title to
produce of
specific legacy
Residuary
legatee's title to
produce of
residuary fund
Interest when no
time fixed for
payment of
351. Where no time has been fixed for the payment of a general
legacy, interest begins to run from expiration of one year from
the testator's death.
general legacy
Interest when
time fixed
352. Where a time has been fixed for the payment of a general
legacy, interest begins to run from the time so fixed. The interest
up to such time forms part of the residue of the testator's estate.
Exception.-Where the testator was a parent or a more remote
ancestor of the legatee, or has put himself in the place of parent
of the legatee and the legatee is a minor, the legacy shall bear
interest from the death of the testator, unless a specific sum is
given by the will for maintenance, or unless the will contains a
direction to the contrary.
Rate of interest
353. The rate of interest shall be four per cent. per annum in all
cases except when the testator was a Hindu, Muslim, Buddhist,
Sikh or Jaina or an exempted person in which case it shall be six
per cent. per annum.
No interest on
arrears of annuity
within first year
after testator's
death
Interest on sum to
be invested to
produce annuity
CHAPTER XII
OF THE REFUNDING OF LEGACIES
Refund of legacy
paid under Court's
orders
No refund if paid
under voluntarily
Refund when
legacy has
become due on
performance of
condition within
further time
allowed under
section 137
358. When the time prescribed by the will for the performance of
a condition has elapsed, without the condition having been
performed, and the executor or administrator has thereupon,
without fraud, distributed the assets; in such case, if further time
has been allowed under section 137 for the performance of the
condition, and the condition has been performed accordingly, the
legacy cannot be claimed from the executor or administrator, but
those to whom he has paid it are liable to refund the amount.
When each
legatee
compellable to
refund in
proportion
Distribution of
assets
361. A creditor who has not received payment of his debt may
call upon a legatee who has received payment of his legacy to
refund, whether the assets of the testator's estate were or were
not sufficient at the time of his death to pay both debts and
legacies; and whether the payment of the legacy by the executor
362. If the assets were sufficient to satisfy all the legacies at the
time of the testator's death, a legatee who has not received
payment of his legacy, or who has been compelled to refund
under section 361, cannot oblige one who has received payment
in full to refund, whether the legacy were paid to him with or
without suit, although the assets have subsequently become
deficient by the wasting of the executor.
When unsatisfied
legatee must first
proceed against
executor, if
solvent
363. If the assets were not sufficient to satisfy all the legacies at
the time of the testator's death, a legatee who has not received
payment of his legacy must, before he can call on a satisfied
legatee to refund, first proceed against the executor or
administrator if he is solvent; but if the executor or administrator
is insolvent or not liable to pay, the unsatisfied legatee can
oblige each satisfied legatee to refund in proportion.
Limit to refunding
of one legatee to
another
Refunding to be
without interest
Residue after
usual payments to
be paid to
residuary legatee
Transfer of assets
from Bangladesh,
to executor or
administrator in
country of
domicile for
distribution
CHAPTER XIII
OF THE LIABILITY OF AN EXECUTOR OR ADMINISTRATOR FOR
DEVASTATION
Liability of
executor or
administrator for
devastation
Liability of
executor or
administrator for
neglect to get any
part of property
PART X
Succession Certificates
Restriction on
grant of
certificates under
this Part
* * *]
Court having
jurisdiction to
grant certificate
Application for
certificate
Procedure on
application
373. (1) If the District Judge is satisfied that there is ground for
entertaining the application, he shall fix a day for the hearing
thereof and cause notice of the application and of the
day fixed for the hearing(a) to be served on any person to whom, in the opinion of the
Judge, special notice of the application should be given, and
(b) to be posted on some conspicuous part of the court-house
and published in such other manner, if any, as the Judge, subject
to any rules made by the 44 [ Supreme Court] in this behalf,
thinks fit,
and upon the day fixed, or as soon thereafter as may be
practicable, shall proceed to decide in a summary manner the
right to the certificate.
(2) When the Judge decides the right thereto to belong to the
applicant, the Judge shall make an order for the grant of the
certificate to him.
(3) If the Judge cannot decide the right to the certificate without
determining questions of law or fact which seem to be too
intricate and difficult for determination in summary proceeding, he
may nevertheless grant a certificate to the applicant if he appears
to be the person having prima facie the best title thereto.
(4) When there are more applicants than one for a certificate,
and it appears to the Judge that more than one of such
applicants are interested in the estate of the deceased, the
Judge may, in deciding to whom the certificate is to be granted,
have regard to the extent of interest and the fitness in other
respects of the applicants.
Contents of
certificate
Requisition of
security from
grantee of
certificate
375. (1) The District Judge shall in any case in which he proposes
to proceed under sub-section (3) or sub-section (4) of section
373, and may, in any other case, require, as a condition
precedent to the granting of a certificate, that the person to
whom he proposes to make the grant shall give to the Judge a
bond with one or more surety or sureties, or other sufficient
security, for rendering an account of debts and securities received
by him and for indemnity of person who may be entitled to the
whole or any part of those debts and securities.
(2) The Judge may, on application made by petition and on cause
shown to his satisfaction, and upon such terms as to security, or
providing that the money received be paid into Court, or
otherwise, as he thinks fit, assign the bond or other security to
some proper person, and that person shall thereupon be entitled
to sue thereon in his own name as if it had been originally given
to him instead of to the Judge of the Court, and to recover, as
trustee for all persons interested, such amount as may be
recoverable thereunder.
Extension of
certificate
Forms of
certificate and
extended
certificate
Amendment of
certificate in
respect of powers
as to securities
Mode of collecting
Court-fees on
certificates
45 [
Local extent of
certificate
* * *]
Effect of
certificate
Effect of
certificate granted
or extended by
Bangladesh
representative in
Foreign State
Revocation of
certificate
383. A certificate granted under this Part may be revoked for any
of the following causes, namely:-
has
become
useless
and
inoperative
Appeal
Effect on
certificate of
previous
certificate,
probate or letters
of administration
Validation of
certain payments
made in good faith
to holder of
invalid certificate
Effect of decisions
under this Act,
and liability of
holder of
certificate
thereunder
Investiture of
inferior Courts
with jurisdiction of
District Court for
purposes of this
Act
Surrender of
superseded and
invalid certificates
389. (1) When a certificate under this Part has been superseded
or is invalid from any of the causes mentioned in section 386, the
holder thereof shall, on the requisition of the Court which granted
it, deliver it up to that Court.
(2) If he wilfully and without reasonable cause omits so to deliver
it up, he shall be punishable with fine which may extend to one
thousand Taka, or with imprisonment for a term which may
extend to three months or with both.
[Omitted]
PART XI
Miscellaneous
Saving
[Repealed]
1 Throughout
this Act, except otherwise provided, the words `Bangladesh`, `Government`, `High Court Division`, `Bangladesh
Christian`, `Muslim`, `Penal Code` and `Taka` were substituted, for the words `Pakistan`, Central Government` or `Provincial
Government`, `High Court` or `a High Court`, `Pakistan Christian`, Muhammadan`, `Pakistan Pe nal C ode ` and `rupees`
respectively by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of
1973)
2 Clause
3 Clause
(bb) was inserted by section 2 of the Indian Succe ssion (Am e ndm e nt) Act, 1929 (Act No. XVIII of 1929)
(g) was omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973
(Act No. VIII of 1973)
4 The
words `in the Province` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And
De claration) Act, 1973 (Act No. VIII of 1973).
5 Sub-section
(3) was substituted, for sub-section (3) by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And
De claration) Act, 1973 (Act No. VIII of 1973)
6 The
words `the Republic` were substituted, for the words `the State` by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
7 Section
33A was inserted by section 3 of the Indian Succe ssion (Am e ndm e nt) Act, 1926 (Act No. XL of 1926)
8 The
words `of Bangladesh` were substituted, for the words `which at the said date were subject to the Lieutenant-Governor of
Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay`
by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
9 The
words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Banglade sh
Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
10 The
words, commas and figure `or under the Succession Certificate Act, 1889,` were omitted by section 3 and 2nd Schedule of
the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
11 The
words `within the same Province` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And
De claration) Act, 1973 (Act No. VIII of 1973)
12 The
words `within the same Province` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And
De claration) Act, 1973 (Act No. VIII of 1973)
13 The
word `Muslims` was substituted, for the word `Muhamadans` by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
14 Clauses (iv)
and (v) of sub-section (1) of section 214 were omitted by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
15 The
words, commas and figures `or under the Succession Certificate Act, 1889, or Bombay Regulation No. VIII of 1827,` were
omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of
1973)
16 The
words and comma `throughout the Province in which the same may have been granted,` were omitted by section 3 and
2nd Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
17 The
words `situated beyond the limits of the Province` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
18 The
word `Bangladesh` was substituted, for the words `the Province in which application for probate is made` by section 3 and
2nd Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
19 The
words `Bangladesh and there is no executor in Bangladesh` were substituted, for the words and comma `the Province in
which application is made, and there is no executor within the Province` by section 3 and 2nd Schedule of the Banglade sh
Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
20 The
word `Bangladesh` was substituted, for the words `the Province` by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
21 The
word `Bangladesh` was substituted, for the words `the Province` by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
22 The
word `Bangladesh` was substituted, for the words `the Province within which the Court was granted the probate or letters of
administration exercises jurisdiction` by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And De claration)
Act, 1973 (Act No. VIII of 1973)
23 The
word `Bangladesh` was substituted, for the words `the Province` by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
24 The
words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Banglade sh
Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
25 Proviso
was omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act
commas and the words `, throughout the Province in which the same is or are granted,` were omitted by section 3 and 2nd
Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
27 The
word `Bangladesh` was substituted, for the words `the Province` by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
28 The
last two paragraphs of section 273 were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision
And De claration) Act, 1973 (Act No. VIII of 1973)
29 The
words `District Courts` were substituted, for the words `other High Courts` by section 3 and 2nd Schedule of the
Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
30 The
words `to which such District Judge is subordinate and to each of the other High Courts` were omitted by section 3 and 2nd
Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
31 The
words `in English or` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And
De claration) Act, 1973 (Act No. VIII of 1973)
32 The
words `than English or` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And
De claration) Act, 1973 (Act No. VIII of 1973)
33 The
words `the High Court Division` were substituted, for the words `no High Court` by section 3 and 2nd Schedule of the
Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
34 The
words `shall not` were substituted, for the word `shall` by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
35 The
words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Banglade sh
Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
36 The
words `situate in each Province` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And
De claration) Act, 1973 (Act No. VIII of 1973)
37 The
word and figure `Taka 333.33` were substituted, for the word and figure `rupees 333-5-4` by section 3 and 2nd Schedule of
the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
38 The
word and figure `Taka 666.67` were substituted, for the word and figure `rupees 666-10-8` by section 3 and 2nd Schedule of
the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
39 The
words `Sonali Bank` were substituted, for the words `National Bank of Pakistan` by section 3 and 2nd Schedule of the
Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
40 The
words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Banglade sh
Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
41 The
words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Banglade sh
Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
42 The
words `or of a Provincial Government` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision
And De claration) Act, 1973 (Act No. VIII of 1973)
43 Clause
(b) of sub-section (2) of section 370 was omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision
And De claration) Act, 1973 (Act No. VIII of 1973)
44 The
words `Supreme Court` were substituted, for the words `High Court` by section 3 and 2nd Schedule of the Banglade sh
Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
45 Section
379 was substituted, for section 379 by section 1 of the Finance Act, 1996 (Act No. XVIII of 1996)
46 Paragraphs second
and third of section 380 were omitted by section 3 and 2nd Schedule of the Banglade sh Laws
(R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
47 The
words and commas `to a resident within an Acceding State by a District Judge of that State, or,` were omitted by section 3
and 2nd Schedule of the Banglade sh Laws (R e vision And De claration) Act, 1973 (Act No. VIII of 1973)
48 The
words `Judge or` were omitted by section 3 and 2nd Schedule of the Banglade sh Laws (R e vision And De claration)
Act, 1973 (Act No. VIII of 1973)